Armstrong v. State Bank of Mayville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Buffalo Oarey Company and others, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Chautauqua on the 17th day of March, 1916, as decrees that the defendant State Bank of Mayville recover the sum of $5,000 and interest' herein; that after the payment of the plaintiffs’ claim there shall next be paid said sum of $5,000 and interest to the defendant State Bank of Mayville,…
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Appeal by the defendants, Buffalo Oarey Company and others, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Chautauqua on the 17th day of March, 1916, as decrees that the defendant State Bank of Mayville recover the sum of $5,000 and interest' herein; that after the payment of the plaintiffs’ claim there shall next be paid said sum of $5,000 and interest to the defendant State Bank of Mayville, and that such bank is entitled to priority of payment over the appellants. The judgment was entered upon the decision of…
1Opinion of the Court
De Angelis, J.:
The action was brought to foreclose a mechanic’s lien upon State funds applicable to the payment of the contract price of a public improvement. The improvement was the construction of an improved highway known as the Chautauqua Lake, Part 5, County Highway, No. 1169. The defendants Claude H. Witt and Archie L. Blades, composing the copartnership of Witt & Blades, and the People of the State of New York, through the agency of the State Commissioner of Highways, entered into a contract whereby the former undertook to perform the work and furnish the materials for such improvement…
2Cases cited2 opinions
- Contractors' Supply Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- General Fireproofing Co. v. Keepsdry Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by7 opinions
- Howell v. Port of New York AuthorityDistrict Court, D. New Jersey · 1940
- State v. BrubeckIndiana Supreme Court · 1930
- General Fireproofing Co. v. Keepsdry Construction Co.New York Court of Appeals · 1919
- Regan v. CuomoAppellate Division of the Supreme Court of the State of New York · 1992
- Ely v. StateNew York Court of Claims · 1953
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